Legal Question in Criminal Law in Florida

perjury by police

i was arrested when the driver of my auto a female ran from the scene of the crime and the police officer was unable to apprehend her there was no metion of her in report or discovey now police officer admits to her walking off the scene but his dispatch calls states i have a girl running is this not perjury and would it qualify for a motion to dismiss citing napue v. illinois 360 us 264 as a precedence U(also sent fase report question)any assistance would be greatly appreciated


Asked on 11/16/99, 10:32 pm

1 Answer from Attorneys

Samuel J. Rabin, Jr. Samuel J. Rabin, Jr., P. A.

Re: perjury by police

Your email does not provide enough facts about your case to permit me to give you definite answers because I cannot determine the significance of the officer�s omission of the information from his police report. If his report was limited to his knowledge of the facts and circumstances of your arrest, he will simply say that the girl was not relevant to your arrest. If the officer lies (lied) about the girl when directly questioned about her than you have many potential issues. This may constitute the crimes of official misconduct (the false police report), perjury (the false testimony) and obstruction of justice (concealing facts material to your defense). It will be (was) significant to know if he actively conceals information about the girl rather than simply omits mention of her in your arrest report. If the officer lies (lied) about the girl it could lead to a dismissal of the charges

I caution you my opinion is preliminary and based upon information from you that I consider to be incomplete. I would need more facts about the offense as well as the court proceedings to feel comfortable rendering an opinion here. Good Luck to you.

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Answered on 11/19/99, 7:10 pm


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